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eBook details

• Title: Meemken v. State
• Author : Minnesota Court of Appeals
• Release Date : January 03, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Affirmed OPINION Appellant challenges the denial of post-conviction relief from an upward departure in his sentence on the ground that the facts supporting the upward departure were not submitted to the jury, thus violating his right to due process, as established by Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348 (2000). Because appellant is collaterally attacking his conviction, and because the Apprendi rule is not applied retroactively to collateral review, we affirm. FACTS

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